Jonklaas vs Perera – clr volume 3 page 001

In the case between the Crown (Plaintiff) and the accused under the Gaming Ordinance No. 17 of 1889 (Defendants), the court addressed the issue of whether evidence obtained by police entry into a private house without a warrant may give rise to the statutory presumption under section 10 that the premises constitutes a common gaming house. It was held that the statutory presumption only arises if entry is effected by a police magistrate or a police officer acting under a warrant issued pursuant to sections 7 or 8 of the Ordinance, not by entry solely under general arrest provisions of the Criminal Procedure Code. This determination reaffirmed the principle that when a statute provides for specific powers with procedural safeguards, those requirements must be strictly followed. Reliance was